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United States First Circuit - November 2001 Opinion Summaries

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Description Date Docket #

LOHNES v. LEVEL 3 COMMUNICATIONS, INC.

United States First Circuit
Contracts
The terms "capital reorganization" and/or "reclassification of stock," as used in a stock warrant, does not encompass a stock split under...
11/30/2001 01-1613

IN RE: PAUL D. WEINSTEIN

United States First Circuit
Bankruptcy Law
Under 11 USC 503, 507, and 726, interest on postpetition taxes owed by the estate is a first-priority administrative expense.
11/30/2001 00-9012

KNIGHTS OF COLUMBUS v. TOWN OF LEXINGTON

United States First Circuit
Constitutional Law
Local ordinance that prohibited all unattended structures from historic site, to preserve aesthetic value of historic site, does not violate the Free...
11/29/2001 01-246

WALTON v. NALCO CHEM. CO.

United States First Circuit
Civil Procedure, Labor & Employment Law
In an age discrimination claim under Maine law, defendant must raise plaintiff's failure to obtain a right to sue letter under Me. Rev. Stat. Ann....
11/28/2001 00-1988

US v. GOMEZ-ESTRADA

United States First Circuit
Criminal Law & Procedure, Sentencing
Exception to Apprendi rule that prior felonies need not be included in the indictment or submitted to jury applies even if defendant did not admit to...
11/27/2001 01-1085

US v. MURRAY

United States First Circuit
Criminal Law & Procedure
Under 18 USC 930(a), weapon possession in a federal facility, defendant's refusal to surrender his weapon after request is sufficient to meet intent...
11/20/2001 01-1065

CUMMINGS v. MCINTIRE

United States First Circuit
Civil Rights
Police officer who shoved plaintiff and uttered profanity at plaintiff when he asked for directions did not engage in conduct that "shocked the...
11/16/2001 01-1301

US v. DEWIRE

United States First Circuit
Criminal Law & Procedure, Sentencing
A denial of a motion for a downward sentence departure based on an alleged mistake of fact does not present an appealable issue.
11/16/2001 01-1257

DIBENEDETTO v. HALL

United States First Circuit
Criminal Law & Procedure, Habeas Corpus
The standards by which federal courts, ruling on state prisoners' habeas petitions, review state court decisions that do not decide the federal...
11/16/2001 00-2279

US v. MESERVE

United States First Circuit
Criminal Law & Procedure, Evidence
The cumulative error doctrine, which warrants a new trial if there were numerous evidentiary errors that individually are harmless, does not apply if...
11/16/2001 00-2091

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